Effective October 1, 2020
ALL CUSTOMERS MUST COMPLY COMPLETELY WITH THESE TOU. PRESAVEIT RESERVES THE RIGHT TO TERMINATE THE REGISTRATION OF ANY CUSTOMER THAT VIOLATES ANY OF THE TOU. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AS OF THE EFFECTIVE DATE OF THESE TOU.
By submitting an audio, video or text component (the “Component”) for inclusion for use through the website or Service, Customer agrees to be legally bound by these TOU. No conditions other than those set forth herein shall be binding on Presaveit unless specifically agreed to in writing by Presaveit. Presaveit will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Customer. Customer and its agent(s) (if applicable) are jointly and severally responsible under these TOU. Subject to Presaveit's right to terminate or cancel registration under the TOU, Presaveit's only obligation to serve audio, video or text promotions hereunder shall be to serve the audio, video or text promotions of the Customer described herein, and in no event shall Presaveit be obligated to serve any Components for any other Customer. The TOU will be considered accepted by the Customer once the Component requested in the registration form is submitted into the Services. Under no circumstances shall Presaveit's liability or obligations exceed those which are expressly set out in the TOU.
Using the Services:
Presaveit shall have absolute discretion as to whether or not it approves a particular Customer for registration to use the Presaveit Services.
Our Services can be provided by means of third party sites, applications or services. Such Services may include: (a) advertising campaigns (“Campaigns”); (b) Music Smart Links, by means of which the end users can link to the Customer’s websites or services; and/or (c) tools to create customized websites (“Customer Websites”), which Customer Websites we will host.
Services may include features which allow end users to sign in with their streaming service accounts (such as Spotify or Deezer) or other social media account, and/or to pre-save an album which has yet to be released.
Customer's Representations and Warranties:
Customer represents, warrants, and covenants that:
Data Processing Addendum
You further represent and warrant that (a) when we process Personal Data of your end users on your behalf for the purpose provision of the Services, you will at all times be considered the data Controller (as defined in the GDPR) and you are responsible for compliance with your obligations as data Controller under applicable law including the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("GDPR") and we shall act solely as a data Processor (as defined in the GDPR) on your behalf, all in accordance with the Data Processing Agreement ("DPA"); (b) you are responsible for compliance with your obligations as data Controller under applicable law including any applicable data protection laws and the GDPR (c) you have and shall maintain throughout the term of this TOU and the DPA all necessary rights and consents required under applicable law in order to provide Personal Data to Presaveit and allow it to provide its Services as a Processor; (d) you shall ensure that a record of such consents is maintained, as required under applicable law; and (e) you shall not provide Presaveit with any Special Categories of Data (as defined in the GDPR) and/or any data or information subject to special regulatory or statutory protection regimes (including but not limited to data regarding children, financial and health data).
The DPA is available here.
Complying with Third Party Terms & Conditions and Privacy Policies
Customer agrees to indemnify, defend and hold Presaveit, its third party publishers, and their respective affiliates, employees, officers, agents, directors, and representatives, harmless immediately upon first demand of Presaveit from all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to: (i) Customer's breach of any representations, warranties, or covenants made in TOU including, without limitation, breach of the License granted hereunder, or (ii) any allegations of or proceedings for libel, defamation, violation of privacy or publicity rights, copyright infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with the use of the Services; (iii) the breach by Customer of any of the terms and conditions set forth herein; and/or (iv) the Component. Customer further agrees that any compromise or settlement of such disputes will contain a complete, express, and unconditional release of Presaveit. The provisions of this Section shall survive the termination or expiration of the TOU and/or any registration.
Presaveit’s Proprietary Rights
Except for the content submitted by Customer pursuant to the TOU, and the limited licenses expressly granted herein, Presaveit expressly reserves all rights, title and interest in and to the Presaveit Services, any Presaveit content on the Presaveit website, and all processing, analytics, and other software and technology used by Presaveit in the provision of the Presaveit Campaign and/or Services (collectively, “Presaveit Technology”), including, without limitation, any derivatives, improvements, enhancements or extensions of the Presaveit Technology conceived, reduced to practice, or otherwise developed on or on behalf of Presaveit, all of which are valuable assets of Presaveit, and any copyright, patent, trademark, service mark, logo or other intellectual property right, or federal or state right, pertaining thereto. All Presaveit Technology, Presaveit content and Presaveit Services are the exclusive property of Presaveit or the Customers or their authorized agents and are protected by EU and international copyright laws. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Presaveit Technology, Presaveit content and Presaveit Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these TOU grants you any right to use any trademark, service mark, logo, or trade name of Presaveit or any third party.
The compilation (meaning the collection, arrangement, and assembly) of all content on the Presaveit Services is the exclusive property of Presaveit and is also protected by EU and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or performance of the content on the Presaveit Services is strictly prohibited. Furthermore, you will not, nor will you allow or direct any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, circulate or use any content on the Presaveit Services without the express prior written consent of Presaveit. Any unauthorized or prohibited use of the content on the Presaveit Services may subject you to civil liability, criminal prosecution, or both, under applicable law.
You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (d) harvest, collect or mine information about users of the Services; or (e) use or access another user’s account or password.
Cancellation & Refund Policy
The Customer may stop or terminate a Campaign at any time by “Pausing” or “Archiving” the Campaign in the Presaveit platform. Upon 48 hours written notice to Presaveit, Presaveit shall issue a refund for all impressions that have not been delivered. The Customer is responsible to pay for all impressions that were served by the Presaveit Services. Monthly and/or Annual subscriptions may be cancelled at any time and will end at the completion of the current billing cycle. Customer is not entitled to a refund for the remainder of any unused subscription period. Refunds will be made at Presaveit’s sole discretion.
Limitation of Liability
In addition to the foregoing, Presaveit assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content. Presaveit is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or downloading materials in connection with the Site. UNDER NO CIRCUMSTANCES SHALL Presaveit BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE, OR IN CONNECTION WITH ANY CAMPAIGNS.
Presaveit reserves the right to change any of these TOU at any time without notice. You are responsible for complying with any changes to the terms and conditions within 10 days of the date of change. A notice with respect to any change will appear on blog.presaveit.com.
Waiver; Severability; Assignment; Relationship
The waiver by either party of a breach or right under the TOU will not constitute a waiver of any other or subsequent breach or right. If any provision of the TOU is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the TOU, which will remain in full force and effect. Customer may not resell, assign, or transfer any of its rights hereunder (including, without limitation, advertisement or promotion space) without the express prior written consent of Presaveit. Any attempt by Customer to resell, assign, or transfer such rights shall result in immediate and automatic termination of the TOU, without liability to Presaveit. Presaveit may assign any of its rights and obligations under the TOU to a third party without the Customer's consent. The relationship of the parties is and at all times shall remain one of independent contractors. Neither party is in any way a partner, joint venturer, affiliate, agent, or representative of the other for any purpose whatsoever, nor does either party have the legal right or authority to make any representation, warranty, promise, guaranty, or agreement in the name of or for the account of the other under the TOU, except as otherwise expressly authorized by a party under the TOU. These TOU set forth the entire agreement between the parties and supersede any prior proposal, agreement or representation between the parties, written or oral, regarding the subject matter contained herein. The TOU shall be governed by and construed under the laws of the country of Sweden without regard to conflict of laws principles. Any action to be brought in connection with these TOU or the Services shall be brought exclusively in the courts in Stockholm and you irrevocably consent to their jurisdiction. Any cause of action against Presaveit must be brought within one (1) year of the date such cause of action arose.